Eighty-seven justices were nominated between 1789 and 1950, and the time from nomination to Senate vote averaged just over 11 days. But this changed dramatically over the next half century. From 1951 through 1975, the average confirmation process increased to more than 50 days.

Between 1976 and the present, it has averaged at least 75 days (the average rises to 90 days if we count Merrick Garland, whose nomination lapsed after a new congress was seated in 2017).

Democrats have opposed Brett Kavanaugh both times that he has been considered for a judgeship. When he was nominated to the D.C. Circuit Court in 2003, his confirmation battle lasted 1,036 days, 3.5 times longer that Garland’s. There were no allegations of sexual misconduct that caused that delay.

Kavanaugh’s Circuit court confirmation battle was the 7th longest of all 366 that occurred from the beginning of Carter’s administration through to the end of Obama’s. Bill Clinton’s circuit court confirmation averaged 231 days, George W. Bush’s 362, and Obama’s 278.

Kavanaugh: Ideal Candidate

Kavanaugh’s resume is stellar. He attended Yale Law School and clerked for the Supreme Court. He has taught at Harvard, Yale, and Georgetown law schools. The Supreme Court has frequently adopted his reasoning on a variety of issues.

Despite Democrat claims, he is not a radical who will overturn decisions such as Roe v. Wade. Kavanaugh was a consistent follower of precedent when he was on the D.C. Circuit Court. While the Supreme Court can overrule its own precedent, Kavanaugh has co-authored a hefty 942-page book on precedent, titled “Law of Judicial Precedent.”

The book seeks to formerly describe rules when courts should follow precedent, and it makes clear that jettisoning precedent is not something that Kavanaugh takes lightly.

But the opposition has always been so fierce precisely because Kavanaugh is so qualified. Democrats don’t just fear his judicial philosophy — they also fear him because he is smart.

A smart, persuasive Supreme Court justice might persuade other justices to change their votes on a case. Justices who can write powerfully-worded opinions are more likely to be followed in other judges’ decisions, extending their influence.

Higher Stakes, More Fights

But people weren’t getting so upset over smart nominees 50, 100, or 200 years ago. What’s changed?

The battles have become more contentious as the stakes have increased. Government has grown by leaps and bounds, and the Supreme Court’s decisions about government power have far-reaching consequences for our checkbooks and personal freedoms.

The Supreme Court — and the federal courts generally — are more deeply involved in our lives than they were 50 years ago. The number of federal circuit court cases has exploded from 21 per million Americans in the 1960s to 223 per million today. District court cases have grown over the same period from 448 to 1,252 per million Americans.

Whole new branches of law came into existence as new federal agencies formed. The 1960s saw the founding of the Equal Employment and Opportunity Commission and the National Transportation Safety Board.